Madhya Pradesh High Court
Smt. Ravi Gurjar vs The State Of Madhya Pradesh on 10 December, 2021
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No. 60741/2021
(Smt. Ravi Gurjar Vs. State of M.P. )
Gwalior Bench: Dated -10/12/2021
Shri Brijesh Kumar Tyagi, learned counsel for the
applicant.
Shri Rajesh Shukla, learned Deputy Advocate General for
the respondent/State.
Shri Ravi Dwivedi, learned counsel for the complainant. Heard on I.A. No.33216/2021, an application for assisting the prosecution.
On due consideration, the same is allowed. Shri Dwivedi, counsel for the complainant is permitted to assist the prosecution.
I.A. No.33216/2021 stands disposed of. Also heard on bail application.
The applicant has filed this first bail application u/S.438, Cr.P.C. for grant of bail. Applicant is apprehending his arrest in respect of registration of Crime No.236/2021, registered at Police Station- Antri, District- Gwalior, in relation to the offences punishable under Section 304-B, 498-A and 34 of IPC.
It is the submission of counsel for the applicant that applicant is a lady aged about 40 years, apprehending her arrest on the basis of registration of offence referred above. It is further submitted that only on the basis of omnibus allegations levelled against her, she has been implicated. The applicant was living HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No. 60741/2021 (Smt. Ravi Gurjar Vs. State of M.P. ) separately from the household of deceased who happens to be her sister in law (HkkHkh). Husband and father in law of the deceased are still in confinement. No ante mortem injuries were found over the person of the deceased. All other male accused persons shall submit before the course of justice. Confinement may bring her social disrepute and personal inconvenience. Applicant undertakes to cooperate in investigation/trial and would make themselves available as and when required and would abide by the terms and conditions as imposed by this court. She further undertakes to not be a source of embarrassment/harassment to the complainant party in any manner. Under these grounds, counsel prayed for bail.
Learned PL for the State opposed the prayer and prayed for its dismissal.
Learned counsel the complainant opposed the prayer and prayed for its rejection.
Heard learned counsel for the parties at length and perused the documents appended thereto.
Considering the submissions advanced by the learned counsel for the parties and the looking to the fact situation, without expressing opinion on merits of the case, I deem it HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No. 60741/2021 (Smt. Ravi Gurjar Vs. State of M.P. ) appropriate to allow this application under Section 438 of Cr.P.C. It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/- Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Investigating Agency.
This order will remain operative subject to compliance of he following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by her;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicants will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade hem from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which she is accused;
5. The applicant will not seek unnecessary HIGH COURT OF MADHYA PRADESH 4 M.Cr.C.No. 60741/2021 (Smt. Ravi Gurjar Vs. State of M.P. ) adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) Judge Rashid Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH RASHID KHAN COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed1954237f6324416af3985b5e9 940ed42, pseudonym=D0D045404B6F6AB1225B3600B86B72153386BADD, serialNumber=111CC474A72B078DC9A89F3CB13BB668FD8E0E91BEDA3CB72 1BBD836D768B09C, cn=RASHID KHAN Date: 2021.12.10 15:56:51 +05'30'